Approved Meeting Minutes
Herring River Restoration Committee (HRRC)
Cape Cod National Seashore Headquarters
Wellfleet, MA
June 7, 2012
9:30 am-5:00 pm
Members Present: Tim Smith, Eric Derleth, Hunt Durey, Steve Block, Steve Spear, Hillary Greenberg-Lemos
Others Present: Margo Fenn, Don Palladino, Ed DeWitt
Administration/Coordination:
Approval of Draft Minutes: The Committee voted unanimously to approve the minutes of the May 10, 2012 meeting.
Schedule of HRRC Meetings: The Committee agreed to the following meeting schedule:
HRRC: July 12, 2012 (regular meeting)
August 15, 2012 (regular meeting)
There had been a Technical Working Group (TWG) meeting scheduled for July 11, 2012 but the Committee agreed that this meeting should be cancelled. TWG members will have an opportunity to review Version 2 of the DEIS/EIR during the month of June and provide written comments. The only sections that they have not yet seen in draft form are the Executive Summary and the Appendices.
Margo Fenn agreed to notify TWG members that the July 11, 2012 will be cancelled and provide TWG members with links to review Version 2 of the DEIS/EIR.
DEIS/EIR Schedule and Next Steps: The Committee discussed the timeline for completing the Draft EIS/EIR. Members need to prepare their comments on Version 2 of the document, using the comment sheet provided, referencing section, page and line numbers. Comments are due June 29, 2012. Margo Fenn and Tim Smith will combine and consolidate the group’s comments and provide them to Mark Husbands of the Environmental Quality Division (EQD) of the Park Service and to the Louis Berger Group (LBG). LBG will then prepare the final Draft EIS/EIR for public release, probably in late August. Given the time needed to complete the final version and process the Federal Register Notice of Availability, it unlikely that a public hearing can be held in August. Hearings will likely be scheduled for late
September or early October.
The Committee discussed how to keep the public updated and reach out to summer residents about the DEIS/EIR. An update on the process can be provided at the Friends of Herring River Annual Meeting on August 21, 2012. The Committee also discussed the idea of holding a webinar that interested citizens could access online. The Committee agreed to develop a public outreach strategy prior to the release of the DEIS/EIR.
The Committee discussed the Cape Cod Commission’s requirements for addressing the Regional Policy Plan (RPP) standards. Under the joint review process with MEPA, the Commission will hold public hearings on both the Draft and Final EIS/EIRs. Within 45 days of signing of the final MEPA Certificate, the Commission must open the Development of Regional Impact (DRI) public hearing. A DRI application will be filed at that time, addressing the RPP standards. Margo Fenn noted that the Commission staff and subcommittee will submit comments on both the Draft and Final EIS/EIR documents. This will provide guidance on addressing the RPP standards.
Schedule Briefing for Wellfleet Selectmen: The Committee discussed how to brief the new Wellfleet Selectmen about the project. Hillary Greenberg agreed to send the DEIS/EIR to Tim King, Assistant Town Manager, and provide copies of the Executive Summary for other interested town departments.
Informational Updates:
Adaptive Management Follow-up: Tim Smith summarized the June 6, 2012 special meeting on Adaptive Management. He noted that while this structured decision-making process can seem abstract and academic, it is actually a practical, common sense way to manage the restoration process. The HRRC needs to understand the technical basis for making management decisions. The models that are developed for Adaptive Management are tools to monitor, measure and predict system responses to restored tidal flow.
Committee members discussed their concerns with the Adaptive Management process. Monitoring can be expensive so it is important to focus on the key variables that really drive the ecological changes. The National Park Service (NPS) already has a robust monitoring program in place. The influence diagrams will help determine what to focus on, going forward. There are many management decisions that need to be considered. For example: How large should the initial tide gate openings be? How often should incremental changes be made? Should tide gates be actively managed during specific times of the year and/or during storm events?
The Committee discussed the planned fall workshop. The Provincetown Center for Coastal Studies will host a three-day workshop to help develop and integrate the models needed for Adaptive Management. Key models include hydrodynamics, sediment and vegetation change. Charlie Roman of the Cooperative Ecosystem Studies Unit (CESU) is helping to organize the workshop.
Tim Smith agreed to prepare a report, summarizing the June 6, 2012 meeting and review it with Mitch Eaton of the Cornell University USGS Cooperative Fish and Wildlife Research Unit. This will include some draft influence diagrams for different project objectives. Smith will send out the report for review prior to the July HRRC meeting.
TNC/CYCC/NPS Land Plan and Appraisal: The Nature Conservancy (TNC) still has not received the final appraisal report for the Chequessett Yacht and Country Club (CYCC) property. David McGowan will set up a meeting with CYCC and HRRC representatives when the report is completed.
Cultural Resources: The NPS Section 106 Coordinator is reviewing the draft Programmatic Agreement (PA) with the Massachusetts Historical Commission (MHC). When this is completed, the PA will be sent to MHC for review, and included in the Appendix of the DEIS/EIR.
RAE/NOAA Grant: Steve Block reported that eleven companies attended the pre-bidding conference for the engineering grant and four written proposals were received for the project. The HRRC subcommittee is reviewing the proposals and plans to hold interviews with the top firms on June 14, 2012. He noted that there is not enough money available under the grant to complete all the tasks described in the Request for Proposals (RFP). The selected firm will begin work in July. Work is expected to take approximately one year to complete.
Discussion:
Legal Issues: Hunt Durey noted that Rubin and Rudman’s work is complete. The Committee briefly discussed an appeal of a Department of Environmental Protection decision in the town of Brewster, related to a restoration project there. This appeal will be heard in July 2012.
Review of Woods Hole Group (WHG) Final Modeling Report: Tim Smith reported that the final written report from WHG would be delivered this week. The modeling subcommittee needs to review it carefully to make sure that the DEIS/EIR information is consistent with the WHG report. The report is lengthy so the Committee agreed that only the Executive Summary should be included in the Appendix of the DEIS/EIR.
The HRRC modeling subcommittee will review the final WHG report. Tim Smith offered to check with Mark Husbands to clarify whether copies of the full report need to be provided to the public as part of the DEIS/EIR. He will also consult with Don Palladino about posting the final report on the Friends of Herring River website.
Ownership, Operation and Maintenance of Project Infrastructure: The Committee briefly discussed roles and responsibilities for owning and operating the dike(s), tide gates and related infrastructure. This is an issue that needs to be resolved before the Project can seek permits and funding for construction. In February 2012, the Committee had an initial discussion with the Wellfleet Selectmen about this, but further discussions among the project partners will be needed to clarify roles and responsibilities. Another Memorandum of Understanding (MOU III) will be required to formalize responsibilities for project implementation.
There are several possible options for consideration: The Town of Wellfleet and the National Park Service (NPS) are the most likely project proponents, given that the Town owns the Chequessett Neck Road dike and Cape Cod National Seashore owns the majority of land within the estuary. However, Wellfleet Town officials have been clear that, while continued town-ownership of the dike is desired, they do not have either the financial resources or the institutional expertise to fund or manage the Restoration Project. The National Park Service also has very limited resources to construct and manage new infrastructure. It is possible that a cooperative arrangement could be developed, wherein the Town would continue to own the dike (and related infrastructure) but management responsibilities would be assumed by either the
Seashore or a third-party entity. It is also probable that the Town will need to seek some of the needed permits while the Seashore seeks others.
Margo Fenn reported that she has been trying to set up a meeting with some outside advisors to explore options for long-term management of project infrastructure, including the idea of creating a third-party management entity. This meeting has been scheduled for early July.
DEIS/EIR Loose Ends: The Committee reviewed the list of tasks needed to complete the DEIS/EIR. Most of these tasks have been completed but there are still some loose ends. The Committee suggested adding a few items to the loose ends list, including: Preparing site-specific map analysis of low-lying properties, preparing and submitting the Environmental Monitor notice, and preparing a public outreach strategy for release of the EIS/EIR (see June updated list of HR Project Loose Ends). Tim Smith offered to check with Truro and Wellfleet town officials to update the assessors’ records for private properties within and abutting the project area.
Communication/Coordination with the Friends of Herring River (FHR): Don Palladino provided the Committee with copies of a new FHR bumper sticker. He noted that he had not heard from the Massachusetts Environmental Trust yet about the grant. He reported that the FHR video is in almost final form. He provided a copy for HRRC members to review.
Outreach Strategy for Low-lying Property Owners: The Committee had a lengthy discussion about how to reach out to low-lying property owners prior to the release of the DEIS/EIR. The consensus was as follows:
-The HRRC will draft a letter to be sent to all low-lying property owners, including all properties that might experience either physical effects and/or changes in regulatory jurisdiction. The letter will inform property owners about the restoration project and encourage them to participate in the EIS/EIR process. The letter will be sent out two to four weeks prior to the public release of the DEIS/EIR.
-The HRRC letter will invite property owners who have questions to sign up for an informal workshop session with HRRC members. These workshop sessions will be scheduled for some specific times in August.
-HRRC members will provide the workshop briefings for property owners, including: -Provide a brief overview of the restoration project, including the Project Alternatives
-Describe the EIS/EIR review process
-Review the LLP database information and maps to explain specific impacts that might affect the owner’s property, including:
-Physical effects
-Regulatory changes
-Provide a handout that summarizes relevant state, regional and local regulations
-Answer whatever questions the landowner may have
The Committee discussed numerous steps that the HRRC needs to take to prepare for the LLP outreach. The Committee agreed to discuss the matter further at its July meeting.
The meeting was adjourned at 5:00 pm.
Documents Referred to in the Meeting:
-Minutes of the May 10, 2012 HRRC Meeting
Respectfully submitted,
Hillary Greenberg-Lemos
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